HomeMy WebLinkAbout7111_CCv0001.pdf RESOLUTION NO. 7111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
TAKING CERTAIN ACTIONS IN CONNECTION WITH SERVING AS A
SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
RECITALS
WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a
redevelopment agency in the City of Redlands (the "City") created pursuant to the Community
Redevelopment Law (Part I (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the"Redevelopment Law"); and
WHEREAS, the City Council of the City (the "City Council") adopted Ordinance Nos.
1500, 1575 and 2703 approving and adopting the redevelopment plans for the Redlands Project
Area and the North Redlands Revitalization Project(the"Project Areas"),and from time to time,
the City Council has amended such redevelopment plans; and
WHEREAS,the Agency has undertaken a program to redevelop the Project Areas; and
WHEREAS, AB XI 26 was signed by the Governor of California on June 29, 2011,
making certain changes to the Redevelopment Law,including adding Part 1.8 (commencing with
Section 34161)and Part 1.85 (commencing with Section 34170)to Division 24 of the California
Health and Safety Code;and
WHEREAS,commencing upon the effectiveness of AB X1 26, AB X1 26 suspends most
redevelopment agency activities and, among other things, prohibits redevelopment agencies from
incurring indebtedness or entering into,or modifying,contracts; and
WHEREAS, originally effective October 1, 2011, AB X1 26 dissolves all existing
redevelopment agencies and redevelopment agency components of community development
agencies, provides for the designation of successor agencies as successor entities to former
redevelopment agencies, and provides that except for those provisions of the Redevelopment
Law that are repealed, 'restricted, or revised pursuant to AB X1 26, all authority, rights, powers,
duties and obligations previously vested with the former redevelopment agencies under the
Redevelopment Law,are vested in the successor agencies; and
WHEREAS, AB XI 26 imposes numerous requirements on the successor agencies and
subjects successor agency actions to the review of oversight boards established pursuant to the
provisions of Part 1.85;and
WHEREAS, Health and Safety Code Section 34173, which is set forth in Part 1.85,
provides that a city that authorized the creation of a redevelopment agency may elect to serve, or
not to serve,as the successor agency under Part 1.85; and
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WHEREAS, AB XI 27 was signed by the Governor of California on June 29, 2011,
adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and
Safety Code which establishes an Alternative Voluntary Redevelopment Program whereby,
notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be
authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the
enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline
being October 1,2011), by the city council of the city which includes the redevelopment agency
of an ordinance to comply with Part 1.9, and
WHEREAS, the California Redevelopment Association and League of California Cities
filed a lawsuit in the Supreme Court of California alleging that AB XI 26 and AB XI 27 are
unconstitutional;and
WHEREAS, on November 1, 2011, the City Council approved Resolution 7089 electing
to serve as a successor agency under Part 1.85 in the event that the stay is lifted, AB XI 26 is
upheld by the Supreme Court of Califs 'a, and the Agency is dissolved pursuant to Part 1.85;
and
WHEREAS, on August 11, 2011, the Supreme Court of California decided to hear the
case, and on December 29, 2011, the Supreme Court issued its court order upholding AB X1 26
and striking down AB XI 27,and
WHEREAS, the Supreme Court ruled that existing redevelopment agencies are to be
dissolved effective February 1, 2012 and also extended by four months deadlines for
performance that arise before May 1, 2012 within AB XI 27 that must be performed by
successor agencies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. The above recitals are true and correct and are a substantive part of this
Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code Section
34173.
Section 3. The City Council, serving in its capacity as Successor Agency, hereby
authorizes and directs staff to establish a Redevelopment Obligation Retirement Fund to
administer payments related to financial obligations of the redevelopment agency.
Section 4. The City Council, serving in its capacity as Successor Agency, hereby
elects to decline the affordable housing function of the redevelopment agency.
Section 5. The City Council, serving in its capacity as Successor Agency, hereby
adopts the revised Enforceable Obligation Payment Schedule that lists enforceable obligations of
the redevelopment agency by month from January 2012 to June 2012 and authorizes and directs
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staff to make payments on the indebtedness of the redevelopment agency pursuant to the
Enforceable Obligation Payment Schedule.
Section 6. The City Council, serving in its capacity as Successor Agency, hereby
accepts quitclaim deeds to evidence the conveyance of all redevelopment agency owned property
from the redevelopment agency to the City.
Section 7. The adoption of this Resolution is not intended and shall not constitute a
waiver by the City of any right the City may have to challenge the legality of all or any portion
of AB X1 26 through administrative or judicial proceedings.
Section 8. This Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act ffEQA7'), the State CEQA Guidelines (California Code
of Regulations, Title 14, Sections 15000 et seq., hereafter the, "(Guidelines"), and the City's
environmental guidelines. The City Council has determined that this Resolution is not a"project"
for purposes of CEQA, as the to is defined by Guidelines Section 15378, use this
Resolution is an administrative activity that will not result in a direct or indirect physical change
in the environment(Guidelines Section 15378(b)(5)).
ADOPTED,SIGNED AND APPROVED this 17'h day of January, 2012.
Peter Aguilar, Mayor
ATTEST:
Sam-h-win,City rClefk
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I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
was duly adopted by the City Council at a regular meeting thereof, held on the 17a' day of
January,2012,by the following vote:
AYES: Counciltne hers Harrison, Bean, Foster, Gardner; Mayor Aguilar
NOES. None
ABSTAIN: None
ABSENT. None
Sarn Irwin, C rk
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